4/29/13

The JP Morgan Jamie Dimon/Matt Taibbi Edition of why SEC Chair Mary Jo White needs to recuse herself from Hartzman v Wells Fargo

I believe Mrs. White has a stake in the outcome of Wells Fargo Advisors LLC / Hartzman / 4-3750-13-010

If I provided Rolling Stone's Matt Taibbi among others information concerning Mrs. White's former JP Morgan client Jamie Dimon about insider trading, and my OSHA/DOL filing, which the SEC can be involved in, and may already be involved in, includes information concerning JP Morgan's Jamie Dimon, which is material and relative to the veracity of my case, I believe Mrs. White should recuse herself from any involvement.

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From: Matthew Taibbi To: george hartzman

…You know that stock purchase of Dimon's you sent to me?

Do you have any other examples of him buying stock?

That particular purchase was a bit unique and hard to unravel legally.

They were preferred shares not sold to him by the company.

Our lawyers are a little weirded out by it.

How do I look up his other purchases?

I know I should know this -- it's embarrassing, but trust me, it will help.

Anyway, thanks again, and I'll talk to you soon,

Matt
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From: George Hartzman... To: Matthew Taibbi, Rolling Stone Magazine

"Stock Trading History of Dimon James

The following table details the trading activities (stock purchases, stock sales, and stock option exercises) reported to the Securities and Exchange Commission (SEC) by insider Dimon James since year 2005.

The trader's CIK number is1195345.

At the time of this reporting, Dimon James is the Chairman & CEO of Co .
(stock ticker symbol JPM)…

Stock purchases, sales, and option exercises reported by insider Dimon James since 2005.

Trade Date Symbol Company Name (Issuer) Trade Type Shares Price ($) Value ($)
2012-07-19 JPM Co Purchase 235,000 34.44 $8,092,930
2012-07-20 JPM Co Purchase 265,000 34.02 9,014,770
2012-07-19 JPM Co Sale 12,142 1,110.00 13,477,620
2012-03-02 JPM Co Option Exercise 462,000 31.22 14,423,640
2012-01-13 JPM Co Option Exercise 97,852 .00 0
2007-09-04 JPM Co Purchase 666 45.02 29,983
2011-01-19 JPM Co Option Exercise 231,725 42.62 9,876,119

[“...JPMorgan Chase & Co. CEO Jamie Dimon told shareholders in a March 26, 2010, letter that his bank used the Fed’s Term Auction Facility...” - Source below; The day after he exercised 862,835 stock options]

2010-03-25 JPM Co Option Exercise 862,835 42.62 36,774,027
2010-02-03 JPM Co Option Exercise 1,864,486 29.46 54,927,757
2009-07-17 JPM Co Option Exercise 660,000 29.96 19,773,600
2009-01-16 JPM Co Purchase 500,000 22.93 $11,464,500
2008-10-21 JPM Co Purchase 12,475 842.22 10,506,694
2006-04-20 JPM Co Option Exercise 1,994,520 23.30 46,472,316
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Re: Another Broker From: Matt Taibbi To: george hartzman

George,

So I've been doing a lot of work on your stuff.

I had a conference call with Chase and a Treasury official on the disclosure issue.

I also spoke with the former chief accountant of the SEC.

…In short the people who are more believable are in agreement with you.

The banks' argument is that the info is not material.

But my SEC guy does not agree.
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"...The bailout ended up being much bigger than anyone expected, expanded far beyond TARP to include more obscure (and in some cases far larger) programs with names like TALF, TAF, PPIP and TLGP.

...at the same moment that leading banks were taking trillions in secret loans from the Fed, top officials at those firms were buying up stock in their companies, privy to insider info that was not available to the public at large. ...Jamie Dimon bought more than $11 million in Chase stock in early 2009, at a time when his firm was receiving as much as $60 billion in secret Fed loans.

...The stock purchases by America's top bankers raise serious questions of insider trading. Two former high-ranking financial regulators tell Rolling Stone that the secret loans were likely subject to a 1989 guideline, issued by the Securities and Exchange Commission in the heat of the savings and loan crisis, which said that financial institutions should disclose the "nature, amounts and effects" of any government aid. At the end of 2011, in fact, the SEC sent letters to Citigroup, Chase, Goldman Sachs, Bank of America and Wells Fargo asking them why they hadn't fully disclosed their secret borrowing. All five megabanks essentially replied, to varying degrees of absurdity, that their massive borrowing from the Fed was not "material," or that the piecemeal disclosure they had engaged in was adequate. ...According to the banks, it's none of your business if those same CEOs are making use of a secret $50 billion charge card from the Fed.

...The broader and more pressing concern is the clear implication that by failing to act, federal regulators­ have tacitly approved the nondisclosure.

...The bailout has ...made lying on behalf of our biggest and most corrupt banks the official policy of the United States government."

Matt Taibbi
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SARBOX says "4. Notice to SEC; At the request of the SEC, copies of all pleadings must be sent to the SEC. 29 CFR § 1980.108(b). Moreover, a copy of OSHA’s findings and determination must be transmitted to the SEC. OSHA Manual, at 14-5. Furthermore, the SEC may participate as amicus curiae at any time in the proceedings. 29 CFR § 1980.108(b).", Mary Jo White should immediately recuse herself from any involvement in Wells Fargo Advisors LLC / Hartzman / 4-3750-13-010.
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"Ms. White represented top Wall Street banks and other major companies in private practice at Debevoise & Plimpton. Recent clients included JPMorgan Chase on financial crisis cases...

No doubt she had other clients who have not been revealed because their cases are not yet – or never became – public.

As the S.E.C. chairwoman, Ms. White would have a hand in every decision of importance. But the conflict-of-interest rules could force Ms. White to recuse herself from some matters."

Dealbook
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The nation's biggest banks, Citigroup, Bank of America Corp., JPMorgan Chase, Wells Fargo & Co., Goldman Sachs Group Inc. and Morgan Stanley, declined to comment on whether they have borrowed money from the Fed."

Bloomberg's Mark Pittman, Bob Ivry and Alison Fitzgerald
November 10, 2008, while Mary's husband John was in charge of company reporting at the SEC
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"Bankers didn’t mention that they took tens of billions of dollars in emergency loans at the same time they were assuring investors their firms were healthy."

...the secret funding helped preserve a broken status quo and enabled the biggest banks to grow even bigger.

“When you see the dollars the banks got, it’s hard to make the case these were successful institutions,” says Sherrod Brown... “There are lawmakers in both parties who would change their votes now.”

...JPMorgan Chase & Co. CEO Jamie Dimon told shareholders in a March 26, 2010, letter that his bank used the Fed’s Term Auction Facility... He didn’t say that the New York-based bank’s total TAF borrowings were almost twice its cash holdings or that its peak borrowing of $48 billion on Feb. 26, 2009, came more than a year after the program’s creation.

Information on which banks borrowed, when, how much and at what interest rate was kept from public view.

Judd Gregg, a former New Hampshire senator who was a lead Republican negotiator on TARP, and Barney Frank, a Massachusetts Democrat who chaired the House Financial Services Committee, both say they were kept in the dark.

“We didn’t know the specifics,” says Gregg, who’s now an adviser to Goldman Sachs.

“We were aware emergency efforts were going on,” Frank says. “We didn’t know the specifics.”

Bloomberg's Bob Ivry, Bradley Keoun, and Phil Kuntz

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